Judge resentences Menendez brothers, making killers eligible for parole

The Menendez family poses outside the courtroom. (Derek Shook for Fox News Digital)

In a bombshell decision, Los Angeles County Superior Court Judge Michael Jesic slashed the Menendez brothers’  original life-without-parole terms to 50 years-to-life, making Erik and Lyle eligible for parole.

Judge Michael Jesic ruled Tuesday that both brothers received a reduced sentence of 50 years to life with the opportunity for parole for the 1989 shotgun murders of their parents, Jose and Kitty Menendez.

"I’m not suggesting they should be released [on parole]. That’s not for me to decide," he said.

Their fate now lies in the hands of the parole board and Calif. Gov. Newsom.

This is an excerpt from an article written by Fox News' Stepheny Price, Sarah Rumpf-Whitten.

Incoming Los Angeles County DA Nate Hochman says he hasn't seen any of the media about the Menendez brothers before he assumes office. (Getty Images)

Los Angeles County District Attorney Nathan J. Hochman has remained firm on his stance that Erik and Lyle Menendez were “not yet” ready to be resentenced.

Hochman says, “his office’s unwavering commitment to presenting all relevant facts and perspectives was pivotal to the Court’s ruling.”

“The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice,” District Attorney Hochman said. “Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision.

The court’s decision made the Menendez brothers immediately eligible for parole but their fate rests with the parole board and the governor.  The board will hold a hearing on June 13 as a separate bid by the brothers.

After his older brother addressed the court, Erik Menendez spoke, expressing his "profound sorrow."

"I fired all five rounds at my parents and went back to reload. I lied to police. I lied to my family. I'm truly sorry," he said.

An undated photo of the Menendez family as it appears on screen during a panel at CrimeCon 2024 in Nashville, Tennessee, on Sunday, June 2. The brothers Lyle and Erik were convicted of fatally shooting both of their parents in 1989. (Fox News Digital)

In a statement to court, Lyle Menendez took responsibility for the cold-blooded killing of his parents in their Beverly Hills mansion in 1989.

“I take full responsibility. I killed my parents. I made the choice to kill my mom and dad in their own home."

"I made the choice to make a mockery of the justice system. I offer no excuse and I don’t blame my parents," he said.

“I was impulsive and immature, and I bottled up my own emotions and anger. I was scared but also filled with rage,” he continued. “Had I had the coping skills and trusted others, I would have not done this. Even after I killed him, I still heard his voice.”

“I’m deeply ashamed for what I did,” he said.

Fox News Digital's Sarah Rumpf-Whitten contributed to this report.

Attorney Mark Geragos is seen outside of court for the Menendez brothers' resentencing hearing on May 13, 2025 in Van Nuys, California. Judge Michael Jesic ruled that the Menendez brothers can be resentenced to 50 years to life, which makes them eligible to go before the state parole board. The Menendez brothers have served more than 30 years of their life sentence for the murders of their parents. (Photo by MEGA/GC Images)

The attorney for the Menendez brothers took a victory lap following the bombshell ruling for the killers' resentencing.

“I never thought two years later we'd be standing here after 35 years with this wonderful family that I have grown to love like my own family,” Mark Gergos said. “And now we see the pot at the end of the rainbow, so to speak.”

“I want to do a hat tip to Judge [Michael] Jesic. Who was able to cancel out noise surrounding this,” he said. "All of the grandstanding, all of the political back and forth."

A former gang member credits his transformed life to the Menendez brothers.

Anarae Brown, known for his stage name X-Raided, took the stand on Tuesday, sharing how Lyle Menendez mentored him.

Brown was 17-years-old when he was convicted of gang-related retaliation that resulted in a fatality. He received a 31 years to life sentence.

He spent nearly two decades behind bars, first on death row and then in maximum-security facilities. In 2001, Brown was transferred to a prison yard where he first encountered Lyle Menendez, serving a sentence for the 1989 murders of his parents.

According to Brown, other inmates targeted Menendez early on, and he intervened.

Shortly afterward, an MTV film crew spotlighted Brown’s talent as a rapper and Erik Menendez offered him encouragement.

"Erik told me I had more potential than what I was doing,” Brown said. “He said there was a better way to do time.”

Brown’s rehabilitation continued steadily. By 2008, he completed anger-management courses and vocational training. His case ultimately benefited from Senate Bill 260, passed in 2013 to allow judges to review sentences of offenders who were minors at the time of their crimes.

Under SB 260, Brown’s sentence was reduced, clearing the way for his release in late 2014.

Brown is now a father of two and attributes the Menendez's mentorship for his new life.

“I have children I wouldn’t have had if it weren’t for Erik and Lyle,” he said.

He estimates that dozens of fellow lifers have similarly benefited from the brothers’ mentorship.

Fox News Digital's Sarah Rumpf-Whitten contributed to this report.

The trial of Lyle and Erik Menendez was covered heavily by Court TV, which is returning to screens in America. (Getty Images)

A retired judge took the stand on behalf of Lyle and Erik Menendez, vouching for the brothers' rehabilitation.

Retired Judge Jonathan T. Colby was volunteering when he met the Menendez brothers after retiring from the Miami bench. He said that his interactions with Erik and Lyle altered his views on sentencing and rehabilitation.

Colby began visiting state correctional facilities shortly after retiring in 2015, often accompanied by his golden retrievers.

“My whole thought process on sentencing is changed,” he said. “I would 100% consider resentencing them if I were the judge on their case.”

According to Colby, he has met thousands of inmates serving life terms but never before wrote a character declaration or testified on behalf of violent offenders—until Eric and Lyle.

“These are the first two I’ve ever spoken for,” he said.

He described them as “model inmates” whose behavior behind bars changed his previous assumption that violent offenders are irredeemable.

Prosecutors repeatedly attempted to undercut his credibility by posing hypotheticals and bringing up Erik and Lyle's unauthorized cellphone use.

“I’m not making recommendations,” he told the court, saying that he was not aware of the brothers' use of contraband. “I’m only sharing my personal observations.”

Reflecting on his decades on the bench, Colby acknowledged: “I was naïve to think that being a tough-on-crime judge was the way to go. There are other ways to rehabilitate.”

He said he remains “pro–law enforcement” but now believes that the justice system must incorporate opportunities for release.

Fox News Digital's Sarah Rumpf-Whitten contributed to this report.

The brothers, now 57 and 54, dressed in blue jail garb, appeared in court via video camera from the San Diego prison where they are incarcerated. (Bill Robles)

The brothers, now 57 and 54, dressed in blue jail garb, appeared in court via video camera from the San Diego prison where they are incarcerated.

Lyle and Erik Menendez were found guilty in 1996 of first-degree murder and sentenced to two consecutive life in prison terms without the possibility of parole for shooting to death their parents, José and Kitty Menendez, on August 20, 1989.

Diane Hernandez, whose mother Joan Vandermolen is Kitty Menendez's sister, took the stand prior to the court's lunch break. (Bill Robles)

During the morning session Tuesday, three Menendez family members were called to the stand by the defense to try and convince the judge that the brothers had shown remorse and had been rehabilitated.

All three witnesses were asked whether they thought their male cousins would in fact commit another heinous crime.

"There is no chance," Anamaria Baralt said. "I would bet my life on it."

"They are not going to commit a [serious crime]. Because they have too many plans to give back to the world," Tamara Goodall said.

"Absolutely. No. None. They are extremely remarkable people now," Diane Hernandez said.

Former Miami-Dade County prosecutor Mark Eiglarsh and former assistant district attorney Phil Holloway debate whether the Menendez brothers should be released on 'America Reports.'

The Menendez brothers’ bid for resentencing under California Penal Code section 1172 has been called a “unicorn” by their family attorney, Mark Geragos.

Geragos said that the purpose of the hearing was “on redemption,” not re-litigation of the 1989 murders.

“The law is the legislature’s clear signal: we want to encourage rehabilitation,” he explained. He accused the DA’s office of spreading “disinformation” when they attempt to rehash the facts.

Geragos said that the family's unified plea for the brothers' resentencing is a “unicorn.”

“All of the living members of the family are unified in their belief that they should be released, and released immediately," he said.

Diane Hernandez, Kitty Menéndez’s niece who spent three formative years under the same roof as Lyle and Erik, was the third witness to take the stand on Tuesday.

Hernandez, who said she felt like Lyle and Erik's little sister, said that the summer of 1976 was impactful because it was shortly after Mary “Kitty” Menendez found that her husband, José, had an affair.

The summer stay dissolved further after Kitty alleged that Diane was “flirting” with José. Traumatized by the accusation, Hernandez left.

She said that before leaving, Lyle confided that he was being molested by his father.

On the stand, Hernandez discussed the infamous “hallway rule” that was enforced by José. The rule forbade anyone from walking down the hall when Jose had one of the boys alone.

Similar to previous witnesses, Hernandez argued that the brothers have shown genuine remorse for decades and have turned their lives around “behind bars."

During cross-examination, Hernandez said that the 1996 trial did not take into account the breadth of the brothers' sexual abuse. She said that she was unable give her full account of what she witnessed while living with the Menendez' due to what the court allowed them to say.

Crying at the end of her emotional testimony, she told Judge Michael Jesic that resentencing would "be a miracle, so healing for all of us."

"It's enough, they've paid" she said.

Fox News Digital's Sarah Rumpf-Whitten contributed to this report.

Los Angeles District Attorney, Nathan Hochman speaks to the media outside court in Van Nuys, CA, Tuesday, May 13, 2025. Hochman is speaking about the Menendez Brothers who are in the process of appealing their sentences for the murder of their parents. (Credit: Derek Shook for Fox News Digital)

Tamara Goodell, Lyle and Erik Menendez's cousin, testified that she had a "disappointing" experience with Los Angeles District Attorney Nathan Hochman.

Goodell said she met with Hochman to discuss Kathleen Cady's position within the district attorney's office. Cady represented Milton Andersen, the brother of Kitty Menendez, who believed Erik and Lyle should remain in prison.

During the meeting with Hochman, Goodell said she found the district attorney to be dismissive, belittling and disrespectful.

At the time, Goodell said she was advised by her lawyers not to go public about her experience with Hochman.

Fox News Digital reached out to Hochman for comment.

Anamaria Baralt, a cousin of Erik and Lyle Menendez, was the first witness to take the stand in the high-anticipated resentencing hearing.

Baralt recounted how the 1989 murders happened just before her 19th birthday and the start of her freshman year. She described the period as extremely tense and emotionally overwhelming, breaking down in tears after living the “nightmare” of relentless public scrutiny.

Baralt, who shared she speak with Lyle multiple times a day, testified that she has seen their personal growth, and believes “they’re not the same boys they were” in 1989.

The witness stressed that the brothers “do not justify” the murders of their parents, but have “expressed empathy” for the crime.

When asked if she would feel safe if they were released—specifically, whether they might ever commit a “ super strike offense," another violent crime, she replied unequivocally, “No chance. I’d bet my life on it.”

At the end, Baralt made a final appeal to Judge Michael Jesic: “I pray that you will help us.”

Fox News Digital's Sarah Rumpf-Whitten contributed to this report.

In the Menendez brothers' resentencing hearing, Los Angeles County District Attorney Nathan Hochman explained that the court has three paths it can follow.

First, after reviewing all the evidence, Judge Michael Jesic may decide to leave both life-without-parole sentences untouched, meaning the Menendez brothers would remain behind bars with no possibility of release.

Second, the court could convert both convictions of the parents' murders from life without parole to life with the possibility of parole; if that occurs, the case would then proceed to the state Parole Board.

The parole board recommendation would ultimately be approved or denied by Calif. Gov. Gavin Newsom.

“And he [Newsom] makes the final, final determination, he and he alone on whether the Menendez brothers will ever get out on parole,” Hochman told reporters outside the courtroom Tuesday.

The third option, Hochman said, is that since the brothers were convicted separately for each murder, the judge could split the outcome: resentencing the José Menendez count to allow for parole while leaving the Kitty Menendez count as life without parole.

In that scenario, even though one count is technically eligible for parole, the brothers’ overall sentence would remain life without the possibility of release.

The hearing is scheduled to run over the next two days. Hochman noted that Jesic may announce a decision immediately from the bench, issue a written opinion, or set a later date for delivering his ruling. 

Los Angeles County DA Nate Hochman says he hasn't seen any of the media about the Menendez brothers before he assumes office. (Getty Images)

Los Angeles County District Attorney Nathan Hochman said that the Menendez brothers committed a “mafia-like hit” in their parents' 1989 cold-blooded shotgun murders.

Hochman, who does not support resentencing for the brothers, told reporters on Tuesday that the brothers have failed to “come clean with the full extent of their criminal conduct, their cover-up, their lies, and their deceit over the past 30 years.”

“The self-defense defense is a lie. It was a lie back in the 1990s when they presented it at trial and the jury rejected it. And it is a lie today," he said.

Hochman said that the brothers' murders were “deliberate and premeditated.” He noted that they purchased shotguns two days before the killings and had a planned alibi.

He said that the brothers attempted to mask their murders by making “it look like a mafia hit.”

“By shooting their father in the back of the head, then shooting their mother—who lay bleeding on the ground—point-blank through the cheek after reloading the shotgun, and even firing into both parents’ kneecaps to stage it like a mafia hit, before running outside to call 911 and shouting that someone had killed their parents and that the Menendez brothers would find and torture the culprit.”

“All a lie,” he said.

Los Angeles County District Attorney Nathan Hochman said that the Menendez brothers are "not right" for resentencing.

In an interview on Fox News' 'America's Newsroom, ' Hochman said that his team has argued that full rehabilitation includes "the full insight into the breadth of your criminal conduct."

"They've never come clean. With all this self-defense, and related lies, now for over 30 years," he told Fox News' John Roberts in a April 2025 interview.

Lyle Menendez, left, and his brother Erik pictured in their most recent CDCR mugshots, taken on Oct. 10, 2024. (California Department of Corrections)

The details of the brothers' Comprehensive Risk Assessment (CRA) came to light during court as Los Angeles County District Attorney Nathan Hochman and his office attempted to have Judge Michael Jesic halt the resentencing process.

Hochman's office failed as Judge Jesic said "there was nothing significantly new in the CRA or otherwise for him to stop the process."

But before the judge made his final ruling, which cleared the way for Erik and Lyle Menendez’s resentencing to proceed, Hochman detailed why new evidence in the CRA reports raised red flags.

Hochman shared the findings from each CRA report, which is done by state psychologists from the state parole office, that determine the overall risk assessment of likelihood to commit violence after the release of both Menendez brothers. He argued that the pair is not "low-risk" but more elevated.

Each report found that Erik and Lyle, in recent months, had been cited for breaking prison rules for contraband violations, specifically the possession of cell phones.

Hochman shared the findings on Lyle Menendez first, whose "actions perpetrated deceit," speaking about the contraband phone.

He added that Lyle had "downplayed his rule-breaking" and that his report showed his "entitlement and willingness to meet his own needs."

Hochman added that he should have been on his best behavior since his resentencing was on the table.

Instead, Hochman said, he proved that "he is more likely to do whatever it takes to meet his own needs and has narcissistic tendencies."

When speaking about Erik's report, Hochman said it was revealed that "he has behavior issues and lacks maturity." He added that Erik is also vulnerable to negative influence of others — including his brother.

He also referenced incidents as recent as January 2025 of Erik being flagged for possessing and dealing drugs, as well as helping other inmates with tax fraud.

This is an except from a Fox News Digital article. Read the entirety here.

Fox News Digital's Stepheny Price contributed to this report.

A welcome sign is displayed outside of the Richard J. Donovan Correctional Facility on May 3, 2025 in San Diego, California. Brothers Erik and Lyle Menendez are serving life sentences at the California state prison. (Photo by Kevin Carter/Getty Images)

Once photographed in designer suits, the Menendez brothers have lived the past 35 years behind bars following the 1989 murders of their parents, José and Kitty Menendez.

Lyle, now 57, and Erik, 54, have lived the majority of their adult lives in separate prisons. In April 2018, they were reunified at the Richard J. Donovan Correctional Facility in San Diego, Calif.

Their prison sentence has not stopped the brothers from finding love, with both of them married while behind bars.

Tammi Saccoman watched Erik’s first trial and wrote to him. The pair got married at Folsom State Prison in 1999. Lyle married Rebecca Sneed in the maximum-security visiting area at Mule Creek State Prison in 2003.

No conjugal visits are permitted in California for life-sentenced inmates.

One of the Menendez brothers, Lyle, earned a sociology degree from the University of California, Irvine, through a prison program.

The brothers have also participated in anger management and domestic violence programs.

Erik Menendez, left, and his brother Lyle, wearing jail outfits, are led into courtroom. June 15, 1990. (Larry Davis / Los Angeles Times via Getty Images)

More than three decades after Lyle and Erik Menendez were convicted of murdering their parents in a case that captivated the nation, the brothers are once again at the center.

In 1989, the Menendez brothers shot and killed their parents, José and Kitty Menendez, in their Beverly Hills mansion. The prosecution painted the brothers as spoiled heirs. The defense, led by attorney Leslie Abramson, argued they acted out of desperation after enduring years of abuse at the hands of their father.

Despite a highly publicized trial, which included two hung juries, they were ultimately sentenced to life in prison without the possibility of parole.

The pair surged back into the spotlight when, in October 2024, Netflix released a true-crime documentary titled The Menendez Brothers, and in September 2024, the series Monsters: The Lyle and Erik Menendez Story reignited interest in the case.

The series sparked renewed debates about the impact of child abuse and the fairness of the brother's initial trial.

The timing came as former DA George Gascón called for a reconsideration of harsh sentences. However, the Los Angeles District Attorney’s Office, now led by Nathan Hochman, has opposed this effort, claiming the brothers still haven't accepted full responsibility for their actions.